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(영문) 서울중앙지방법원 2015.01.13 2013가단160156
부동산인도
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The plaintiff's remainder against the defendants.

Reasons

1. Basic facts

A. On December 20, 2006, the Plaintiff entered into an accord and satisfaction agreement (hereinafter “instant accord and satisfaction agreement”) with E Co., Ltd. (F) (hereinafter “E”) on December 20, 2006, on which the Plaintiff agreed to lend KRW 500 million to E at an interest rate of 2% per month and due date of repayment, and if E fails to pay the principal and interest of the loan by the due date, it is not possible for E to pay the principal and interest of the loan by the due date, it entered into an accord and satisfaction agreement (hereinafter “instant accord and satisfaction agreement”).

At the time of the instant accord and satisfaction agreement, the market price of the instant real estate was KRW 650 million. The market price at the time of July 23, 2010 is KRW 670 million.

The Plaintiff loaned a total of KRW 93 billion to E during the period from February 13, 2008 to October 9, 2009 pursuant to the instant accord and satisfaction agreement.

2) On October 7, 2010, the Plaintiff was rendered a judgment in favor of some of the parties to the instant real estate on the ground that “The market price of the instant real estate at the time of the instant accord and satisfaction agreement was KRW 650 million, but the Plaintiff did not actually lend to E, so the agreement between the Plaintiff and E on the accord and satisfaction agreement between the Plaintiff is null and void in violation of Articles 607 and 608 of the Civil Act, and the agreement between the Plaintiff and E is valid to establish a weak meaning of the money actually borrowed from the Plaintiff and E, as an agreement to transfer a security for transfer is valid.” (Seoul Central District Court Decision 2009Da119236) on the ground of the ownership transfer agreement as of December 20, 206, the Plaintiff appealed against the part against which the Plaintiff lost, but the said judgment became final and conclusive on July 5, 201 and completed the registration of ownership transfer under the name of the Plaintiff on December 29, 2015.

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